Wednesday 24 April 2013

Period of limitation in case of suit for specific performance of contract


Satnam Singh v. Sadhu Singh, (2010) 15 SCC 335
 Civil Procedure Code, 1908 
 Ss. 96 and 100 - First and second appeals - Evidence, held, cannot be rejected on irrelevant grounds - In suit for
specific performance of agreement for sale (of agricultural land), attesting witness dying after examination-in-chief - Thus
not being put up for cross-examination - Scribe of agreement appearing as witness though not knowing parties
personally - Held both first appellate court, and High Court as second appellate court erred in excluding the evidence of
said attesting witness and of scribe - Decree for specific performance granted by trial court, restored, (2010) 15 SCC
335-A 

 Limitation 
 Limitation Act, 1963 
 Art. 54 - Suit for specific performance of agreement for sale - Reckoning of limitation for - Vendor's name wrongly
entered - Vendor stating that he would execute sale when his name would be corrected - Vendor's name corrected by
Consolidation Officer on 5-9-1983 - Suit for specific performance of agreement for sale filed on 29-3-1986, held, was not
time-barred, (2010) 15 SCC 335-B 
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